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Home > Experts > Criminal Law > How to file a complaint & with whome?



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How to file a complaint & with whome? (Criminal Law)

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This query is : Resolved


Author : Sharad

Posted On 03 November 2012 at 09:16

I filed a RTI asking details of "Failed ATM Transactions" to check how many customers are not paid in accordance to RBI directive on this subject.
One Bank provided some information and some was evaded with some flimsy excuses, hence I send a second RTI removing all excuses.
CPIO provided the same information with a addition of one column.
1] Does this amount to fabrication of record? or tempering with record?
2] If this amounts to change in record where to complaint?
3] Can I file a direct case on a Bank officer or I have to take permission from some one?
4] Non payment of compensation beyond allowed delay by RBI amounts as cheating as there is "unlawful loss of customer and unlawful gain of the Bank" How can I process this complaint? I lodge a complaint with police for this on one Bank but even following CrPC 154[3] 156[3] as available Police are shunting complaint from one station to other on jurisdiction issue. JMFC/Metro magistrate not taking cognizance or acting on complaint under 156[3]
At present Bandra police transferred this to Navi Mumbai and 2/3 weeks no FIR. I have send email to CP giving copy of HC judgement dated 16/10/2012 and demanded copy of FIR. Let us see CP acts on this or send HC order to cold room.
Any other details can be uploaded if required.






Expert : Ms.Nirmala P.Rao

Posted On 04 November 2012 at 16:15

Dear Client,

Since you've already filed your FIR with the police alleging cheating by the Bank, you can file a Criminal Writ of Mandamus under Section 482 Cr.P.C against the Pol;ice, by joining the Metropolitan Magistrate as, the Bank Officer and also THE bANK AS DEFENDANT PARTIES TO THE CHEATING CASE seeking directions to the Police to act in terms of your FIR and COMPLETE their investigation and FILE A CHARGE SHEET IN THE COURT AND SIMULTANEOUSLY SEEKING DIRECTIONS TO THE Metropolitan Magistrate TO TAKE COGNIZANCE OF THE MATTER AND INQUIRE IN TO YOUR COMPLAINT. In THE SAME PETITION YOU CAN SEEK COMPENSATION also AGAINST THE pOLICE AND THE bank officer FOR THE DELAY AND physical and mental HARASSMENT CAUSED TO YO9U ON ACCOUNT OF YOUR MAKING frequent ROUNDS TO DIFFERENT P[OLICE STATIONS ON JURISFDICTI9ONAL ISSUES AND THE POLICE NOT INVESTIGATING YOUR CHARGES AND FILING A CHARGE SHEET IN METROPOLI8TIN MAGISTRATE court. You CAN ALSO FILE ?criminal misappropriation, CRIMINAL BREACH of trust APART FROM CHEATING AGAINST THE bank and its officer/s. officer. Of course in your Criminal Writ you can also seek direction to the Police to issue a copy of FIR to you.

Ms.Nirmala P.Rao
Legal Expert



Author : Sharad

Posted On 05 November 2012 at 20:03

Thank you Ms Nirmalaji,
I made an error in para above as:
"I lodge a complaint with police for this on one Bank but even following CrPC 154[3] 156[3] as available Police are shunting complaint from one station to other on jurisdiction issue. JMFC/Metro magistrate not taking cognizance or acting on complaint under 156[3]
At present Bandra police transferred this to Navi Mumbai and 2/3 weeks no FIR. I have send email to CP giving copy of HC judgement dated 16/10/2012 and demanded copy of FIR. Let us see CP acts on this or send HC order to cold room.
Any other details can be uploaded if required."

should have in next para. Both banks are different and it is error on my part the para was not cut.
After going through CrPC 482 I am not clear if your claim of this section for WP is correct. I am not a legal man but reading that section I feel this is for administrative part of HC.
"by joining the Metropolitan Magistrate as," is also not clear. Do you mean he is to be taken in respondent list?
I think asking directions to Magistrate is the correct request.
Please advice the process.



Expert : Ms.Nirmala P.Rao

Posted On 09 January 2013 at 11:04

Dear Client,

Under Section 482 Cr.P.C read with Article 226 of Constitution Of India, a Criminal writ also can be filed. There are also criminal writs belonging Criminal writ Of Mandamus,
Certiorari, Quowarranto, Habeas Corpus etc etc.

Ms.Nirmala P.Rao
Hyderabad


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